Fischer v. Connor

Appeal from an amended judgment of the Supreme Court in favor of defendant, entered September 12, 1984 in Saratoga County, upon a dismissal of the complaint by the court at Trial Term (Brown, J.), at the close of plaintiff’s case.

*443Plaintiff, a 70-year-old retired insurance salesman, resided in an efficiency apartment in the rear of the Hotel Schuyler. The hotel, which was located in the Village of Schuylerville, Sara-toga County, was owned and operated by defendant. The apartment had a separate entrance from the hotel proper.

Plaintiff had remained in his apartment the entire day of January 16,…